The New York Supplement, Volume 106West Publishing Company, 1908 |
From inside the book
Results 6-10 of 99
Page 52
... fact . It is , therefore , merely cumulative , and , under subdivi- sion of section 465 of the Code of Criminal Procedure , is unavailing on an application for a new trial . Furthermore , if the witnesses now sought to be utilized were ...
... fact . It is , therefore , merely cumulative , and , under subdivi- sion of section 465 of the Code of Criminal Procedure , is unavailing on an application for a new trial . Furthermore , if the witnesses now sought to be utilized were ...
Page 54
... fact as claimed by the plaintiff be found in his favor , nevertheless he would not be entitled to recover . The statute imposes the penalty not for an error of judgment of one of defendant's operators , a defective instrument , or a ...
... fact as claimed by the plaintiff be found in his favor , nevertheless he would not be entitled to recover . The statute imposes the penalty not for an error of judgment of one of defendant's operators , a defective instrument , or a ...
Page 63
... fact a nuisance , not perhaps within the full scope of the common - law nuis- ance , but a nuisance which , by annoying one or more persons , shall be constructively a public nuisance . The fact that in some jurisdic- tions enactments ...
... fact a nuisance , not perhaps within the full scope of the common - law nuis- ance , but a nuisance which , by annoying one or more persons , shall be constructively a public nuisance . The fact that in some jurisdic- tions enactments ...
Page 88
... fact in accordance with its theory . On the contrary , the undisputed facts show that the risk was not obvious , that the plaintiff did not know of the dangers in advance , and had no op- portunity to inspect the embankment for the ...
... fact in accordance with its theory . On the contrary , the undisputed facts show that the risk was not obvious , that the plaintiff did not know of the dangers in advance , and had no op- portunity to inspect the embankment for the ...
Page 111
... fact which , if it were a fact , must have been within his knowledge at the time , does not satisfy us . The order should be reversed . Order reversed , with $ 50 costs and disbursements , and writ dismissed . All concur , except HOOKER ...
... fact which , if it were a fact , must have been within his knowledge at the time , does not satisfy us . The order should be reversed . Order reversed , with $ 50 costs and disbursements , and writ dismissed . All concur , except HOOKER ...
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140 New York affirmed agreement alleged amount Appeal from Special Appellate Division application appointment attorney authority cause of action Cent certificate charge Civil Procedure claim commissioners Company complaint concur contract corporation costs counsel damages deceased defendant's duty entitled evidence execution executor fact fendant filed GAYNOR held highway injury judgment jury justice Kings County land lease liability lien ment mortgage motion Municipal N. Y. Supp negligence Note.-For November 13 October 18 owner paid party payment person plaintiff premises proceedings purchase question railroad real property reason received recover refused respondent reversed rule Second Department sell Special Term statute street Supreme Court sureties Surrogate's Court testator thereof tiff tion trial granted Trial Term trust verdict witnesses York County York State Reporter